Sullivan v. State, No. 96-1322

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM; GUNTHER
Citation674 So.2d 214
Parties21 Fla. L. Weekly D1326 Robert SULLIVAN, Appellant, v. STATE of Florida, Appellee.
Decision Date05 June 1996
Docket NumberNo. 96-1322

Page 214

674 So.2d 214
21 Fla. L. Weekly D1326
Robert SULLIVAN, Appellant,
v.
STATE of Florida, Appellee.
No. 96-1322.
District Court of Appeal of Florida,
Fourth District.
June 5, 1996.

Appeal of order denying rule 3.800 motion from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Howard C. Berman, Judge. L.T. Case No. 92-7679 CFA02.

Robert Sullivan, Crestview, pro se.

Keith W. Davis, Assistant State Attorney, West Palm Beach, for appellee.

PER CURIAM.

We affirm the denial of appellant's motion filed pursuant to Florida Rule of Criminal Procedure 3.800 claiming that appellant's sentence is illegal because he was entitled to additional jail credit time. We affirm because as we read Davis v. State, 661 So.2d 1193, 1196 (Fla.1995), "only if the sentence

Page 215

exceeds the maximum allowed by law would the sentence be illegal." In the instant case, appellant was convicted of a first degree felony which carries with it a maximum penalty of thirty years. As appellant was sentenced to only seven years incarceration, under no circumstance would the additional jail time exceed the statutory maximum. Based on Davis, appellant could not obtain relief under Rule 3.800(a). 1 We acknowledge that both our court and others since Davis have continued to consider Rule 3.800 motions based upon improper jail credits. See Ford v. State, 667 So.2d 455 (Fla. 4th DCA 1996); Fountain v. State, 660 So.2d 376 (Fla. 4th DCA 1995); Nichols v. State, 668 So.2d 278 (Fla. 2d DCA 1996). We therefore certify the following question to the Florida Supreme Court:

DOES DAVIS V. STATE, 661 SO.2D 1193 (FLA.1995), APPLY TO MOTIONS FILED UNDER RULE 3.800 REQUESTING JAIL CREDIT SO THAT SUCH MOTIONS MAY NOT BE RAISED WHERE THE SENTENCE WOULD NOT EXCEED THE MAXIMUM SENTENCE ALLOWED BY LAW?

GUNTHER, C.J., WARNER and PARIENTE, JJ., concur.

---------------

1 Relief would be available under Florida Rule of Criminal Procedure 3.850. If a defendant is beyond the time period for Rule 3.850 relief and the sentence has been served but for the improper jail credit time, a petition for habeas corpus would offer relief.

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25 practice notes
  • Barnes v. State, No. 98-0299.
    • United States
    • Court of Appeal of Florida (US)
    • February 17, 1999
    ...726 So.2d 793, 24 Fla. L. Weekly D127 (Fla. 4th DCA 1999); State v. Sclafani, 704 So.2d 128 (Fla. 4th DCA 1997); Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996); State v. Gullett, 652 So.2d 1265 (Fla. 4th DCA 1995); State v. Tremblay, 642 So.2d 64 (Fla. 4th DCA 1994); Wall v. State, 61......
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • March 24, 1998
    ...the claimed credit had resulted in a sentence that exceeded the maximum allowed by law for a particular offense. See Sullivan v. State, 674 So.2d 214, 214-15 (Fla. 4th DCA 1996); see also Mitchell v. State, 696 So.2d 957 (Fla. 4th DCA 1997); Ford v. State, 680 So.2d 1048, 1049 (Fla. 4th DCA......
  • State v. Mancino, No. 90516
    • United States
    • United States State Supreme Court of Florida
    • June 11, 1998
    ...the district court certified to be in conflict with the opinions in Berry v. State, 684 So.2d 239 (Fla. 1st DCA 1996); Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996); and Chaney v. State, 678 So.2d 880 (Fla. 5th DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the r......
  • Baker v. State, No. SC02-775
    • United States
    • United States State Supreme Court of Florida
    • March 11, 2004
    ...5. To the extent that certain language in the Fourth District Court of Appeal's opinion in Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996), might indicate to the contrary, see id. at 215 n. 1 ("If a defendant is beyond the time period for Rule 3.850 relief and the sentence has been ser......
  • Request a trial to view additional results
25 cases
  • Barnes v. State, No. 98-0299.
    • United States
    • Court of Appeal of Florida (US)
    • February 17, 1999
    ...726 So.2d 793, 24 Fla. L. Weekly D127 (Fla. 4th DCA 1999); State v. Sclafani, 704 So.2d 128 (Fla. 4th DCA 1997); Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996); State v. Gullett, 652 So.2d 1265 (Fla. 4th DCA 1995); State v. Tremblay, 642 So.2d 64 (Fla. 4th DCA 1994); Wall v. State, 61......
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • March 24, 1998
    ...the claimed credit had resulted in a sentence that exceeded the maximum allowed by law for a particular offense. See Sullivan v. State, 674 So.2d 214, 214-15 (Fla. 4th DCA 1996); see also Mitchell v. State, 696 So.2d 957 (Fla. 4th DCA 1997); Ford v. State, 680 So.2d 1048, 1049 (Fla. 4th DCA......
  • State v. Mancino, No. 90516
    • United States
    • United States State Supreme Court of Florida
    • June 11, 1998
    ...the district court certified to be in conflict with the opinions in Berry v. State, 684 So.2d 239 (Fla. 1st DCA 1996); Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996); and Chaney v. State, 678 So.2d 880 (Fla. 5th DCA 1996). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. For the r......
  • Baker v. State, No. SC02-775
    • United States
    • United States State Supreme Court of Florida
    • March 11, 2004
    ...5. To the extent that certain language in the Fourth District Court of Appeal's opinion in Sullivan v. State, 674 So.2d 214 (Fla. 4th DCA 1996), might indicate to the contrary, see id. at 215 n. 1 ("If a defendant is beyond the time period for Rule 3.850 relief and the sentence has been ser......
  • Request a trial to view additional results

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